Know These 3 Important Aspects of a Real Estate Contract

real estate contractDealing with real estate can be extremely stressful for both the property owner and the prospective buyer/renter. Real estate contracts should be thoroughly filled out, but if both parties are unsure about any aspects of real estate law, some serious problems could occur.

That’s why working with an experienced real estate attorney is essential when handling property deals. These attorneys are familiar with real estate law and can assist throughout the entire buying or selling process. It’s up to you to get in touch with an experienced attorney. If you wish to speak to a professional real estate law firm, contact the DiJulio Law Group today.

In California, the State of Frauds requires at least three types of real estate contracts to be in writing: any lease that’s over one year, any commission agreement between licensees and principals, and any documents of sale for the property.

Along with having proper documentation, there are a few other important aspects of real estate contracts that are necessary for all parties.

The Closing Date

The closing date must be present on the contract. Usually, it takes between 30 to 60 days to close. This information is essential for the deal because both parties could have other properties they plan on living in for a few months until the deal goes through. You might also have to get settled in at a new job if you’re moving to a new area, so it’s important to know exactly when you can move in and start getting things in order.

Inspection Clause

A home inspection clause allows the buyer to completely walk away from a deal if significant damage is evident. Unfortunately, there are real estate sellers who try and take advantage of buyers, so make sure you and your attorney schedule thorough inspections before, during, and after the buying process.

Financing

One of the most important aspects of any contract is simply the finance terms involved. All mortgage information should be outlined in the contract and it should state that the offer is contingent upon financial backing at a specified interest rate.

Real estate deals and contracts should be taken seriously because these are important documents that have a direct effect on your future. Call the DiJulio Law Group today if you want to learn more or speak with an experienced attorney.

Know Who to Call During These 3 Stressful Real Estate Issues

boundary disputeCalifornia real estate law can be quite confusing. You may not anticipate ever having an issue, but you never know when a problem might arise. Problems with neighbors, problems with landlords, problems with banks, or problems with the law can all potentially lead to unwanted stress and living uncertainties.

Here are a few of the potential real estate issues that could arise in California.

Boundary Disputes
One of the most frustrating real estate problems is a having a boundary dispute with your neighbor. It could come up as soon as either you or your neighbor move in; in other cases, disputes arise when you least expect them. To avoid these unwanted boundary disputes, make sure that you have all real estate documents stored in a safe place so you can access them when necessary. It’s also recommended that you consult with a real estate attorney during any dispute as well.

Eviction Process
Being evicted can be one of the most stressful events in a person’s life. There is so much uncertainty about what’s to come and where you should go. It’s important to be 100% sure that your landlord is acting lawfully and that all eviction notices were given in the allotted amount of time. In California, if a tenant has lived in the property for more than one year, the landlord has to provide a notice to vacate at least 60 days prior to the eviction.

Foreclosure Process
Another scary time in a person’s life is during a foreclosure. This can be even more intimidating because banks are involved and the repercussions could last a lifetime. It’s important that you contact an experienced real estate attorney as soon as you think you might be in danger of being foreclosed. There are plenty of laws that protect your rights of fair notice and amount of time to come up with the money.

Don’t handle these stressful situations on your own, because they can go from bad to worse quickly. Consult with a real estate attorney who can help. If you need any assistance with real estate in California, contact the DiJulio Law Group today.

3 Ways to Speed Up the Eviction Process in California

lease agreementThe eviction process in California can be one of the most stressful times in a person’s life. There is so much uncertainty going on, as well as financial repercussions, that you’d rather just put the entire situation behind you and move on with your life.

The length of time it takes to resolve these eviction cases or see them through can be extremely long. Whether the case is uncontested or contested, evictions are lasting longer than ever before.

There are a few reasons that evictions are taking so long today, including confusing lease agreements, an increase in the number of evictions tenants have to deal with, and an overall increase in the amount of eviction cases that make it to court. If an eviction does reach a court setting, a judge will hear and render a decision within 20 days after the case request.

Here are a few ways to speed up the eviction process and put the entire situation behind you as quickly as possible.

  • Work With the Professionals — Fighting any case by yourself can be even more stressful than the initial problem. Even if you know you’re in the right and have plenty of proof against the tenant in question, going against an opposing attorney can be overwhelming. Make sure you consult with a real estate attorney you trust who is knowledgeable in all facets of real estate law. They can take a look at the lease agreement in question and decide what options you have.
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  • Have All the Necessary Information — It’s important to provide your real estate agent with any and all documentation that might assist them in resolving your case. Make copies and provide the real estate agent with the lease agreement, proof that you gave the tenant enough warning prior to the notice of eviction, as well as the tenant application and ledger.
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  • Note and Date Everything — Leading up to the eviction notice, and especially in the days after the notice was provided, make sure to document and date everything so both your real estate agent and the judge — if it reaches the court — can have a succinct timeframe of the eviction in question.

Property Owning in California: What You Need to Know

real estate lawThere are so many complications involved with real estate law. Each state has its own rules regarding property law, each county seemingly has areas that you can and cannot buy in, and it often feels like each individual home has some unique factor that changes the law altogether.

Property law, no matter how you look at it, is confusing to the untrained eye. That’s why it’s imperative that when dealing with any piece of property, whether it’s buying a house, renting an office space, or struggling in the foreclosure process, consulting with real estate lawyers should be your first move. No matter where you are looking to own property — this is important. California has plenty of specific rules that lawyers and real estate agents are privy to that not every property owner knows.

For current tenants living in apartments and townhomes in California, the disclosure by the state is extremely important. California law states that landlords must provide at least 60 days’ notice to their tenant in the event of an eviction. By doing this, the tenant should have enough time to gather their belongings, plan their next step, execute their plan or fight the eviction in court.

Notification is important regarding all aspects of property ownership. For instance, there are strict regulations in California that require proper notice — as well as ample time to pay — before any property is sold in a foreclosure sale.

And for anyone planning on purchasing a home, there is other information that is illegal to be withheld from you. According to California law, real estate agents are required to disclose any information pertaining to a death that might’ve offered on the property within at least three years before the sale. Again, a reason qualified real estate lawyers are so important.

Regarding vacant properties, according to Title 10 of the California Civil Procedures Code, any abandoned property is classified as “unclaimed property.” If the property remains unclaimed for over three years, it escheats to the California government.

Contact Dijulio Law Group today to speak to an experienced professional if you have any more questions regarding California real estate.

Buying a Home: Before, During, and After

real estate lawProperty transactions, whether you’re the buyer or the seller, are always complicated. There are so many factors to consider, so many things that could go wrong, and so much shared information. These tips can help the average person during their property purchase:

Before the Sale
Before anything, you should consult a real estate law firm. They will put you in contact with an experienced real estate lawyer who is knowledgeable about real estate and personal property law. These lawyers can assist you throughout the entire transaction process.

The next step: get a home inspection. According to the National Association of Realtors, wholly 77% of homebuyers have an inspection done before the purchase is complete. The inspection is done early so nothing new and surprising comes up after the deal closes.

This is when you should begin planning the moving process as well. You don’t know when you’re going to need to move, but you do know it’s coming soon. Planning a few months in advance can ensure you’re not scrambling during the week before the move. Figure out where you’re going to store all your items in the days leading up to the purchase and exactly how you’re going to move everything.

During the Sale
Once you have entered the purchasing contract, you should specify the exact details with the other party and real estate lawyers. The closing date — which usually lasts between four and 10 weeks after the contract — should be outlined in these contract negotiations. Be sure to adjust any packing, storing, and moving plans once you figure out exactly when everything is going to take place. These dates can often be tentative as issues often arise, but it’s good to at least have an approximate timeframe.

After the Purchase
Once the sale is final and you are officially a new homeowner, there are still a few things you should keep in mind. It’s important to do one last inspection to ensure that there are no hidden issues that were kept from you during the initial inspection and negotiation. You should also stay in touch with your real estate agent and let them know how things are progressing in the new home. The entire home buying takes about 40 days to close, on average, so you have to act quickly during these weeks.

Although it’s a stressful time, once it’s all over, the only thing you’ll have to do is relax in your new home.

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